Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1887-06-11

w." o"VAOy yCdIE xdllrOaO
ing. lie had heard the evidence already
given and in his opinion nothing could save
q train rom being ditched if it ran against
tnose rails as described by Peterson. He
lac been at Silver Bow that evening and
became aware Of the affair as Peterson was
going to send a message to the roadmaster.
ne n Peterson got IN a train and went
down to where the rails were found, He
examined the horse tracks and described
o they went into the grass off the road
IN the apparent effort to throw off anv
trace. He tracked the horse foot prints to
Silver Bow right in the road and there a.
certained who the men were that were rid.
ing the horses and their description, which
TAILED WITH that GIVEN
oy peterson OF the men he met just before
coming to the rails across the track. Then
he returned to Butte and swore out q war.
rant and got two deputy sheriffs to 90 and
make the arrests. With them he returned
to the spot where the horses had
been hitched to the telegraph pole and
measured the footprints in the mud. From
thence he followed them in their windinqs
right into Byars' stable. There was a
sorrel horse in the stable the measurement
whose shoes correspondent with that |
taken near the telegraph pole. He walked
up ana arrested the defendants and !
brought them up with him to Butte. On |
cross-examination the witness was sub 4
jected to a close and searching e~xamination
as to how he could swear that the horse
tracks we're made by the horse in Byar's
stable and said there were
NO OTHER HORSE TRACKS
N the road; that it had rained and was
muddy SO that the tracks were quite plain:
nat one horse track showed the presence
u corks in the shoe which the sorrel in
stable also had. He denied he had
lsed any harsh language to the men when
le arrested them; remarked to Byars he
vas surprised to see him in such a scrape. {
,ounsei and witness afforded no little mer- I
iment by the keen questions and sharp re- \
orts with which the interest OF the specta- }
ore was kept from tagging, but the AMI 8
wers OF witness became acrimonious even 7
o personality when the cross-examination
heriff, =
CONFIRMED CLARY's TESTIMONY 1
said that there were other tracks =
ade on the road by Sheriff Lloyd's team r,
hlch vent down just an hour or SO ahead F
them, but they were distinct from those
from the telegraph pole, and ~
ute distinguishable. Charles Carver a =.
ncher, was at Rocker on Saturday af- ~
moon from 3 to 5, and saw Byars and n
kart there. They left about5 O'Clock on u
rseback, and started out toward the
1ctloD: He described the horses thew -.
oe, WIN. Mathes. who lives at SilverI
w. three-quarters of a mile this side of :
notion, was in Silver Bow on Saturday Nj
q saw the defendants leave there about
'clock IN the direction OF Byars' ranch. ev
prosecution then I
RESTED THEIR CASE. Blu
tr. Mcbride thought there was no EVIL !,
ice to hold the defendants. He con- ~,
ded there was nc positive Identification \
thought the evidence con. bal
ting them with the men in res
wagon should be thrown out entirely We
account of discrepancies in the testi- que
ny as to the description of the men in n
wagon. The counsel e%loquently in. WEE
he'd against the invasion of the liberty -
ne citizen by holding them responsible -
such a heinOus crime on such fimsv '"l
Hon. Sam Word commended there u
strong probable cause to hold the sun
lies; that it was a matter of the great "
Importance if there were such men in zett
d endanger human lives. hat The com den
lity should know them. The nresnmn sorr
is that the rails were put there not mir
to throw off q train but to DESTROY a mr.
life. HIS address was a very forci- her
and powerful exposition of the offence whit
which the defendants were charged, so was
b so that Byars ~involuntarily inter OF IL
ed the counsel with the remark that
you CAN'T PROVE Trait"
dear man," said the counsel, "I
l could believe you innocent, but u.
say that under the evidence here "e
l believe you should be held for the ,u7, u
q Jury to investigate your actions" wei
fcBride replied, protesting against the or SO
mption being deduce that the men city